FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
MMC ENERGY, INC. [ MMCY.OB ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 07/19/2007 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common Stock, $.001 par value per share | 07/19/2007 | S | 50,000 | D | $4.85 | 1,469,200 | I | By Orphan Fund, L.P.(1)(2)(3) | ||
Common Stock, $.001 par value per share | 07/19/2007 | P | 20,900 | A | $4.85 | 1,490,010 | I | By Nanocap Fund, L.P.(1)(2)(3) | ||
Common Stock, $.001 par value per share | 07/19/2007 | P | 29,100 | A | $4.85 | 1,519,200 | I | By Nanocap Qualified Fund, L.P.(1)(2)(3) |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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1. Name and Address of Reporting Person*
(Street)
Relationship of Reporting Person(s) to Issuer
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Explanation of Responses: |
1. These securities are held directly by Orphan Fund, L.P. ("Orphan Fund"), Nanocap Qualified Fund, L.P. ("Nanocap Qualified") and Nanocap Fund, L.P. ("Nanocap Fund"), U.S. investment limited partnerships (collectively, the "Partnerships"), none of which, for Section 16 purposes, is itself the beneficial owner of more than 10% of the issuer's common stock. 675,161 shares of common stock reported on this Form 4 are beneficially held by Orphan Fund, 494,537 shares are beneficially held by Nanocap Qualified and 349,502 shares are beneficially held by Nanocap Fund (after giving effect to the transactions reported on this Form 4). (see footnote 2). |
2. (continued from footnote 1). Stephens Investment Management, LLC ("SIM") is the general partner and investment manager of each of the Partnerships. Paul H. Stephens, P. Bartlett Stephens and W. Bradford Stephens are each managing members and minority owners of SIM and each also holds limited partnership interests in Nanocap Fund. Paul H. Stephens also holds a limited partnership interest in Orphan Fund. Each of SIM, Paul H. Stephens, P. Bartlett Stephens, W. Bradford Stephens and each Partnership expressly disclaims beneficial ownership in these securities, except to the extent of their respective pecuniary interests therein. |
3. Although none of the Partnerships is itself the beneficial owner of more than 10% of the issuer's common stock, SIM and the other reporting persons may be deemed to beneficially own the securities owned by the Partnerships insofar as they may be deemed to have the power to direct the voting or disposition of such securities. The reporting persons have elected therefore to file this Form 4 to report the Partnerships' holdings on an aggregate basis. The filing of this Form 4 should not, however, be deemed an admission by any of the reporting persons that the reporting persons and/or the Partnerships form a group within the meaning of Rule 13d-5(b)(1) and Rule 16a-1(a)(1). |
Remarks: |
Stephens Investment Management, LLC; By: W. Bradford Stephens, its Managing Member; /s/ W. Bradford Stephens | 07/25/2007 | |
Paul H. Stephens; /s/ Paul H. Stephens | 07/25/2007 | |
P. Bartlett Stephens; /s/ P. Bartlett Stephens | 07/25/2007 | |
W. Bradford Stephens; /s/ W. Bradford Stephens | 07/25/2007 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |